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Car accident....whose fault?
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Car accident....whose fault?

Hi guys,

I had an accident in the car yesterday and Im not sure how it will go with the police....can I have your opinions please. I dont think it was my fault.

So....

I was driving down a main road and missed my turning. Stopped and started reversing down the road.
White van coming the other way thinks he can be clever and cut round the back of me into the road I wanted to go down.
Realises he cant and steers out and hits the side of my car and scrapes right down the side.

Argument for is that I was in my lane the whole time and he was the one who struck me....i didnt reverse into him, he hit my side.

Argument against is the fact that I was performing a reversing maneuvre so the onus is on my to make sure its safe (which i felt I did....nothing behind etc.)

Any thoughts?
Additional Details
http://www.highwaycode.gov.uk/19.htm

Im surprised at some of your answers. My understanding was that reversing was a perfectly acceptable thing to do (done appropriately of course). Its part of your driving test to reverse around a corner!


    




Koosher
Rating
You were reversing down the road?? YOUR FAULT.


antonyih
It might go for a knock for knock scenario but realistically you were reversing, you should have carried on and turned around at the next safe place and gone back to the turning


casha1
Rating
sorry but think it was your fault even though the other driver acted like a d**k if he could see what you were doing ....you should not reverse down a main road, in hind sight you should have gone forward to somewhere safe then turned around and rectified your mistake ...hope you were ok though


TLC
Rating
your fault,


crystal m
you cant just reverse down a main road ....its your fault


Carole Q
Although van decision was hasty, you created original hazard.


Michelle
Rating
Sounds like it was your fault. You should not have been reversing down the road, especially if it was not clear behind you.


col
Rating
If you have legal protection with your insurance company ring them and ask there advice, There was no one injured so the police will not be involved unless you were reversing at a high speed, Are there any witnesses to the accident if not its his word against yours etc get legal advice. Good luck. Col


Whistler R
Rating
Reversing on a main road ! It was YOU who was travelling in the wrong direction - surely you do not have to ask who caused the accident ! REALLY. Who really thought he .or, she was being clever. The argument will be that the van was going to be rammed by you if it had not attempted to avoid the situation you had caused.


Eddie W
I think you will probably find it was your fault. I may be wrong but it sounds like he wanted to turn right and you reversed in front of him.


hantonbob
The law could argue it would have been safer to drive on and turn around somewhere so you could come back to the junction you needed but at the same time the van driver should have been more observant. Your insurers will assess your statements to discover who is at fault.


ROBIN HOOD
Hi,ive just asked my neighbour(thats why its took a bit of time answering)
He is with the Police,and he said that if you were stationary then you are in the right.
BUT if there were no witnesses then its your word against his!!

sorry for the answer

its the best i could find out


rookethorne
What we don't have here are timings.

If you just stopped in the road and started reversing without giving the other driver time to react you were in effect driving the wrong way.

Had you stopped and he drove into you, you could argue it was his fault as you were stationary, but as you have admitted to everybody here that you were actually carrying out a manouvre by reversing against the flow of oncoming traffic you are technically to blame.


Patrick W
DO YOU REALLY THINK IT'S OK TO DRIVE ON ANY ROAD IN REVERSE? Even if you are parking, you are at fault!!!! I'm glad im not your insurance agent!


code 00
Dont get mad at me. I think it's your fault, because in the first place, you shouldn't made a reverse when you missed a turn.
You should make a u-turn and then try to go back to your turning point. If you did not make a reverse, maybe the van didn't try to avoid you and didn't hit you.

But always remember, in a car accident, do not admit it's your fault. Just tell the police what happened and they will conduct an investigation and make a report.


UCANTCME
Rating
YOUR FAULT HANDS DOWN..........


Wondering Mind
I think you were both at fault


Bardic
Rating
As you rightly say, it is indeed a recognised manoeuvre to reverse into a side road, though I suspect you were actually reversing across the junction. Not wise. Without actually seeing the relevant positions it's difficult to be sure, but if as you say he drove into you, he hasn't a leg to stand on.

If the police attended at the time they would have given you an indication of the way they were viewing it. However, unless someone was injured or one or the other of you was making allegations about the other they aren't going to be interested. Presuming you both stopped and provided the other with names & adresses etc, that's it. All you're required to do in law.

Leave it to your insurers. They'll be asking you for a statement about what happened and a diagram of the road & vehicle positions


WelshLad
I really don't know, best let the insurance companies fight it out


philipscown
Rating
If this is the sort of place that has CCTV then you could use your right to the video. The Information Commissioner would be the place to go first...

http://www.ico.gov.uk/

The video might help to present the full facts to insurers.


Peter H
Rating
Yes you do reverse round a corner on your test, but that is to show you can control and minovoure the vehicle in reverse.
In this instance I believe the law will come down on the vans side,however he must have been driving into the corner not really paying proper attention to what is happening in front of him.
Let the Insurance co's sort it normally they go Knock for Knock


cottontail
Rating
To be honest i am not sure who is at fault here but dont worry you are allowed to make mistakes that you are human after all. I had an accident that was my fault and the insurance and police were fine etc. It did affect my no claims but everything turned out ok.
I just remember how stressful it was at the time and wanted to wish you well.


woodtigernz
did he hit the drivers side, a lot of the time its the others fault if your drivers side is hit. A) your on a main rd hes not so hes meant to give way to traffic on the main RD so that puts him in the wrong. B) hes seen you so he knows your there. C) is against, you reversed passed a rd connected to the main, if he was turning into your lane he would have looked the other way not expecting someone to come the other way, but then again he should have checked to see if the lane was cleared, before trying to enter the main rd.
so 1/2 for him in the right and 2 1/2 for you in the right.
but you will need to be real kool with the police state as it is and im sure you will be fine KIA KAHA (Maori for be strong)


yaboo
You were in your lane,its not illegal to reverse,(yes make sure its safe),you did...The other fact is he hit you....I wouldn't put my hands up yet,Think its a difficult call...Van driver has responsibility to drive safely and look out for hazards..If he run in back or you thought it was always the fault of the person hitting rear of front car...


edward9382
You can reverse down the road, that is why you are taught to do it when learning to drive and you are tested on reversing on your test, but if anything comes towards you when you are reversing you must stop until you know what their intentions are, and give them the opportunity to pass, if you were stationary then you were not to blame, if you were still moving then I think the insurance will be 50/50. Also the police will not be interested as long as no one was injured and both parties exchanged details.


Mephistopheles
Rating
Probably NOT your fault. When you saw him coming you stopped. At that point he hit you. As a cosequence - he is liable. I presume no-one was hurt in this 'accident', so therefore Police not involved. This is now a question for your relative insurance companies to resolve. It's likely that they will have a knock-for-knock agreement between them. I.e. your insurance company pays for the cost of repairing your damage and his insuance company does likewise.

However, because you have made a claim against your insurance company and they have been obliged to expend money on your behalf, your insurance premium next year will reflect that addional cost, plus you will also have to pay any 'excess' on your policy to pay for the cost of repairs. In addition, whilst your car is being repaired it is 'off the road' and therefore you may need to hire a replacement - particularly if your car is essential for your employment. The coist of all this, may not be met by your insurance company (and even if it is - you'll still pay for it next year in your insurance premium). If you total all this money up (less what your insurance company has actually paid for the repairs) this figure becomes your un-insured loss. You may need to issue legal proceedings (in your local County Court) to recover your un-insured losses.

Good luck matey!!!!

If you want more specific help - email me: geoff.chaplin@btinternet.com


Yvonne Mystic
Rating
It's Not Your Fault.
P.S. Very systematic analysis of the situation.


Martinmm
the van is at fault. failure to yeild to on comming traffic while making a left hand turn.
you were in that lane. didn't he see your fighter jet.





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